Chad Blair – Honolulu Civil Beathttps://www.civilbeat.org
Honolulu Civil Beat - Investigative ReportingWed, 19 Dec 2018 07:05:31 +0000en-UShourly1https://wordpress.org/?v=4.9.9Chad Blair: Things Are Actually Looking Up At Honolulu Airporthttps://www.civilbeat.org/2018/12/chad-blair-things-are-actually-looking-up-at-honolulu-airport/
Fri, 07 Dec 2018 10:01:51 +0000https://www.civilbeat.org/?p=1312059Ross Higashi knows all about the generally sketchy reputation of Honolulu’s airport. The head of the state’s Airports Division even acknowledges that Hawaii would probably be better off if its airports were managed by a private authority, like most others around the country. But that’s not how it works in the islands, and Higashi wants […]

]]>Ross Higashi knows all about the generally sketchy reputation of Honolulu’s airport.

The head of the state’s Airports Division even acknowledges that Hawaii would probably be better off if its airports were managed by a private authority, like most others around the country.

But that’s not how it works in the islands, and Higashi wants you to know that all is not woe at Daniel K. Inouye International Airport, which is in the midst of a modernization project that he says will lead to an open, safe, efficient and even pleasant facility.

That means clean restrooms, lots of food and retail options, room to stretch and walk around, places to relax before and between flights, clear signage and easy access to rental cars and public transportation.

In the view of Higashi, a 30-year employee with the Hawaii Department of Transportation who is today deputy director, much of that vision could be reality as soon as 2021.

A lengthy modernization plan is nearing completion at Daniel K. Inouye International Airport, but more construction is in the works.

Cory Lum/Civil Beat

“When you walk around today, you see a lot changes and, over the last four years, this administration — I am not bragging in any way, we are very humble — we have gotten a lot of things done within the last four years,” said Higashi. “It’s just a lot of physical change to this airport. This has been going on for the last 10 years.”

Higashi is clearly proud of his work, and he’s a good salesman for it.

After taking a recent tour of the airport, I agree that there have been a lot of improvements. But there is much work to be done.

HDOT Airports Deputy Director Ross Higashi.

HDOT

Wooden barricades line some terminal corridors, attempting to hide scaffolding. Some restrooms and drinking fountains are often marked with those yellow cones that read “Wet Floor” (or “Piso Mojado,” in Spanish). There are chipped floor tiles, exposed wiring and cracks in ceiling panels.

And more: Temporary signs printed on paper and taped to walls attempt to offer direction. Giant fans fail to cool snaking TSA lines that lack AC. The Wiki-Wiki shuttle is creaky and spews diesel. (The plan is to replace the shuttles with electrified vehicles or ones run by compressed natural gas.)

For the average passenger who is not aware of the airport’s $3.2 billion modernization plan, part of the facility can seem a bit of a mess. HNL, which sees 20 million passengers annually, may appear in perpetual stasis, in contrast to state-of-the-art airports in many U.S. and international cities.

A Work In Progress

Honolulu’s airport has arguably not looked new since the 1970s and early 1980s, which saw the completion of the three-level international arrivals terminal, the opening of the Diamond Head, Ewa and Central concourses, and the opening of the 12,000-foot reef runway — the first major runway built entirely offshore anywhere in the world.

Today, the airport employs some 23,000 employees, has more than 300,000 aircraft operations a year and serves 25 airlines flying to and from the neighbor islands, the mainland and internationally. But the first and last place that most tourists to the islands see is not a popular destination.

A report by J.D. Power, the market research company, in September ranked Honolulu’s airport No. 22 out of 25 large airports, based on customer satisfaction.

Construction on the consolidated rental car building, seen here in September, is expected to be finished December 2020. The rental car companies will then make tenant improvements and the facility is anticipated to be operation in 2021.

Chad Blair/Civil Beat

John Wayne Airport in Orange County was No. 1 followed by Dallas Love Field and Portland (Oregon) International Airport.

Dissatisfaction with HNL comes from both airline executives and consumers.

Last year, Hawaiian Airlines’ then-CEO Mark Dunkerley, complained about the slow pace of the airport’s modernization project, which dates to 2006, when Linda Lingle was governor.

Airport Improvements

Ross Higashi points to a number of accomplishments completed or well underway, including:

unlimited wifi

refurbished restrooms

ticket lobby renovations

new restaurant and shopping choices

new numbering system for gates and baggage

large, vivid digital displays for flight information

replacement of 3,100 indoor and outdoor signs by 2019

color-coded signs to find one’s way around parking structures

renovated Ewa Concourse with new ceiling panels and etched-glass partitions

gates for giant Airbus A380 jets by spring 2019

Transportation Security Administration check-in on the ground floor of Terminal 1 (also known as the Interisland Terminal)

opened in May 2018, Terminal 3 is where Mokulele Airlines operates daily

demolition of the old Commuter Terminal for construction of a new Mauka Concourse

refreshed Japanese and Chinese outdoor gardens

4,260 solar panels on the seventh floor of Terminal 1 parking

improved passenger drop-off location for tour buses

consolidated rental car facility due December 2020

Uber and Lyft now operate on a permanent basis.

“Other communities have found ways to update its infrastructure in a fraction of the time,” he told Pacific Business News. “Hoover Dam took five years to build. The Coliseum in Rome took eight years to build, and The Parthenon took nine years to build.”

Dunkerley called the modernization “a high priority to develop the infrastructure, which is so important to our state and the state’s economy.”

Higashi is quite aware of the complaints, but rather than get defensive he offers perspective. He notes that the last time HNL had major work was in the early 1990s, when Terminal 1 was constructed. Higashi’s office at the DOT Airports Division is on the top floor.

The modernization plan was hampered by the Great Recession of 2008 and 2009. Two administrations followed Lingle’s. And a major challenge to renovating any airport is that it must be done in phases.

“It’s a 24/7 operation. You cannot just shut the whole airport down,” said Higashi. “We have to do it incrementally or phased through the process. There are plans and ways that we work around it — night shifts, closing down certain gates one at a time — because between 10 and 2 every day this airport is operating at full capacity.”

Higashi is looking to the future, including the completion of the Mauka Concourse — the first major concourse expansion in over 20 years. It’s located between Terminal 1 and Nimitz Highway, where columns for Honolulu rail have already been built and where the station is to be located a short walk from the lei stands (which will remain in their longtime location in front of Aolele Street).

“Within the next two years, I’m very excited to see all these barricades come down and everything start to become operational,” said Higashi. “And then let’s see what the public has to say about what we’ve got done in the last four years — or by then, six years.”

The new Mauka Concourse is also expected to be completed by December 2020.

Chad Blair/Civil Beat

Calls For An Airport Corporation

HNL is a self-sustaining operation that receives no general funds from the state.

Its current operating budget of approximately $430 million is funded by $180 million in concession revenues mainly from car rentals, DFS Hawaii (Duty Free), AMPCO (parking) and HMS Host (food and beverage), $220 million from airlines (landing fees and terminal rentals) and $30 million from other non-airline revenues.

Honolulu’s airport is one of only three major airports nationally not run by a private authority or corporation. The others are in Alaska and Maryland.

Airport officials liken the new retail area in Terminal 2 to a mini-Waikiki.

Chad Blair/Civil Beat

Budget appropriations must be approved by the Hawaii Legislature, which meets just four months out of the year. Projects must also go through the state procurement process, which takes time. Many awards are to the lowest bidders.

“You and I know in life that low bid is not always going to get you the best project,” said Higashi.

Contrast that with the private sector, where an airport authority could choose to work with preferred contractors who are, as Higashi put it, successful in competing for projects that are “on time and on budget.”

A newly air-conditioned TSA security check-in at Terminal 2.

Chad Blair/Civil Beat

If airport operations were run by a private entity, officials believe, the airport would be able to act much faster on capital improvements. Higashi gave the example of the double-decker A380s that All Nippon Airways plans to fly from Tokyo to Honolulu next year.

The planes, which hold 520 passengers — more than double the capacity of most other aircraft — require a different configuration at Gates C4 and C9. The DOT had to wait for approval from the Legislature rather than go to an airport authority board to expedite the projects.

The DOT under the Ige administration has unsuccessfully lobbied to transfer control of Hawaii’s 15 airports to a fiscally autonomous private authority or corporation.

A renovated men’s bathroom in Terminal 2.

Chad Blair/Civil Beat

“The airport authority would have been exempt from state procurement procedures, controlling how its budget is implemented, and lawmakers expressed concerns about letting go of the purse strings,” Travel Weekly reported in May, when the most recent bill died in the final days of the 2018 legislative session despite having garnered broad support from lawmakers. “Some labor organizations have also testified against the bill, arguing the procurement procedures are in place to protect Hawaiian interests.”

State Sen. Lorraine Inouye, one of the bill’s co-introducers, said “politics got in the way of progress,” the Hawaii Tribune Herald reported in May.

Higashi said airport corporation legislation would be introduced in the 2019 Legislature, which meets beginning in January.

“For us to get things moving sooner than later, to compete with other airports nationwide, we have got to get more capital projects sooner than later,” he said. “The process of going through an appropriation and allotment and procurement and so forth, is very time-consuming. We need to operate just like the private sector.”

As Tim Sakahara of the DOT’s Public Affairs Office explained it, “Even though we raise our own revenue and we operate like a business, we are not able to operate like a business in the control aspect of it. We generate our own money, but we still have to go to the Legislature to spend it.”

The proposed Diamond Head Concourse will extend Terminal 2 toward Terminal 3 (upper left). The planned Mauka Concourse is indicated by the dashed line (lower right) next to Terminal 1.

HDOT

For now, HNL continues with its modernization. In July, Gov. David Ige announced plans for a new, $1.1 billion Diamond Head Concourse to be completed around 2025.

The 800,000-square-foot facility, according to a press release, will replace the existing building, expand the gates from 10 to 21, have a new Customs and Border Protection facility and “an improved security screening checkpoint and baggage screening facilities” for TSA.

Of course, construction will also mean more inconvenience for passengers, and more complaints. But at least they’ll have something to do to bide their time.

For example, there are no less than 11 Starbucks at HNL to choose from.

]]>Ige Begins Second Term With Call To ‘Move Forward, Together’https://www.civilbeat.org/2018/12/ige-begins-second-term-with-call-to-move-forward-together/
Mon, 03 Dec 2018 22:40:01 +0000https://www.civilbeat.org/?p=1311501Hawaii Gov. David Ige issued a call for unity after he was sworn in Monday at the Capitol for a second four-year term. “I know it sounds like a given — that we all work together,” Ige said. “But that is often easier said than done. Moreover, without that collaboration — as we’ve seen in […]

]]>Hawaii Gov. David Ige issued a call for unity after he was sworn in Monday at the Capitol for a second four-year term.

“I know it sounds like a given — that we all work together,” Ige said. “But that is often easier said than done. Moreover, without that collaboration — as we’ve seen in our nation’s capital — it can easily lead to gridlock. And so, let us move forward, together. Oni like kakou.”

Ige’s statement seemed a nod to the fact that top leaders in the Hawaii state Senate and House of Representatives openly campaigned for his 2018 Democratic primary opponent, U.S. Rep. Colleen Hanabusa.

But Ige, a little-known state senator just four years ago, handily defeated Hanabusa and went on to crush Republican Andria Tupola by a landslide in the general election.

David Ige takes the oath of office with his daughter Amy, wife Dawn Ige-Amano and son Matt at his side during a noon ceremony Monday at the Capitol.

Ronen Zilberman/Civil Beat

He has a mandate to govern, and he said he was “eager and excited about the prospect of tackling all that is before us.”

Ige was sworn in by Hawaii Supreme Court Chief Justice Mark Recktenwald, who also administered the oath of office to Josh Green, a former state senator who is now lieutenant governor.

Ige said his priorities include the economy, which he described as already in the process of transforming because of high technology.

“I believe the next great economic transition for Hawaii will be driven by innovations enabled by technology,” he said. “Technology has not only created new industries, but also infused new life into more traditional local businesses, such as food production and fashion. Moreover, it is transforming almost every corner of our lives.”

“I am asking that we debate openly and, yes, passionately, but with respect for each other.” — Gov. David Ige

To ensure Hawaii’s economic transformation, the state must provide adequate, affordable housing and have an educated workforce, he said.

“In a changing world, we need more than a one-size-fits-all model,” said Ige. “That’s why we are implementing a new blueprint for public education, empowering schools and investing in educational leaders who can transform the way they teach their students.”

Ige addressed the audience in the Capitol Rotunda after he was sworn in.

Ronen Zilberman/Civil Beat

Other issues for the Ige-Green administration include sustainability and self-sufficiency.

The governor said little about specific policy proposals, explaining that he will elaborate in his State of the State address in January when the Legislature convenes.

But the governor of a small state in the middle of the Pacific Ocean also has his eyes on national events.

“When did it become OK to tear gas women and children for wanting a better future for themselves?” he said, referring to the Trump administration’s immigration crackdown on the Mexican border. “Hawaii offers a better alternative to the direction being set by our leaders in Washington.”

From left: former governors Neil Abercrombie and Linda Lingle, former Gov. George Ariyoshi and wife Jean Ariyoshi, former Gov. John Waihee and wife Lynne Waihee, and former Gov. Ben Cayetano and wife Vicky Cayetano.

Ronen Zilberman/Civil Beat

Ige also returned several times in his speech to his unity message.

“I am asking that we debate openly and, yes, passionately, but with respect for each other,” he said. “Real leadership does not emanate from just one individual, but from many hands joining together. It’s really about each of us embracing the responsibility for our own fate and for our collective future.

Free Health Clinics?

In his speech, Green identified homelessness, opioid addiction, untreated mental illness, affordable housing and “a livable wage” as his priorities as lieutenant governor. The local values of aloha and ohana, he said, would inform his work.

Green, a medical doctor, said he would be exploring the possibility of free clinics and promised to get out into the community to directly engage with people in need.

“This will be my mission,” he said.

Josh Green, Hawaii’s new lieutenant governor, promised to focus on homelessness and several other issues.

Ronen Zilberman/Civil Beat

At a brief press conference with reporters in his fifth floor office after the inauguration, the governor did not provide financial figures for the clinics. He was also noncommittal on how much more money for education he might seek from the Legislature.

But the governor did say he expected increased revenue from better tax collection would influence budget spending. And he said he was happy that his children — Lauren, Amy and Matthew — could attend the inauguration. That was not the case in 2014, as all three were attending college on the mainland.

Cabinet and other staffing changes will be forthcoming, Ige said. He already faces vacancies with Randy Iwase leaving his chair position on the state Public Utilities Commission and Luis Salaveria stepping down as director of the state Department of Business, Economic Development and Tourism.

‘Hawaii Ponoi’

Former governors George Ariyoshi, John Waihee, Ben Cayetano, Linda Lingle and Neil Abercrombie sat in the front row of the ceremony. House Speaker Scott Saiki, Senate Majority Leader J. Kalani English, Honolulu Mayor Kirk Caldwell and U.S. Congressman-elect Ed Case were also among the dignitaries.

The inaugural included the singing of the national anthem and “Hawaii Ponoi,” as is customary. Danny Akaka Jr. read the Queen’s Prayer and invocation, while Bishop Eric Matsumoto gave the benediction.

An oli was performed by Kaumakaiwa Kanakaole.

Ronen Zilberman/Civil Beat

A 19-cannon salute from the 1st Battalion, 487th Field Artillery Regiment, Hawaii Army National Guard, was so loud that some in the audience almost jumped out of their seats.

A humorous moment came when emcee Ryan Kalei Tsuji, who formerly worked for Ige, asked the audience to wait patiently for two minutes until the clock struck noon. That’s because the chief justice could not legally administer the oath of office until then.

Inaugural celebrations were scheduled to continue for the governor Monday night at the Hilton Hawaiian Village Waikiki Beach Resort.

]]>Chad Blair: Have You Hugged An ‘Exceptional Tree’ Lately?https://www.civilbeat.org/2018/11/chad-blair-have-you-hugged-an-exceptional-tree-lately/
Wed, 28 Nov 2018 10:01:12 +0000https://www.civilbeat.org/?p=1310825It may be over 150 feet tall with a trunk as thick as a Humvee, but the kapok tree (Ceiba pentandra) on Keeaumoku Street in Honolulu is still easy to miss. Situated on the grounds of the state Department of Agriculture between the bustling streets of Beretania and Young, it’s mostly ignored by folks passing […]

]]>It may be over 150 feet tall with a trunk as thick as a Humvee, but the kapok tree (Ceiba pentandra) on Keeaumoku Street in Honolulu is still easy to miss.

Situated on the grounds of the state Department of Agriculture between the bustling streets of Beretania and Young, it’s mostly ignored by folks passing by. About the only people who frequent the area to lie blissfully beneath the tree’s great canopy are those who are homeless. The hollows and cavities formed by the massive roots of the kapok are, sadly, littered with trash.

That’s not the tree’s fault, though, and the kapok deserves our attention and respect. In fact, it is known as an “exceptional” tree, one of more than 1,000 in the state that are so designated. Look closely on the kapok’s Ewa side and you’ll spy a small metallic plaque denoting the honor.

The giant kapok tree along Keaaumoku Street between Young and King streets is exceptional.

Cory Lum/Civil Beat

Exceptional trees are trees nominated to a county’s Arborist Advisory Committee for consideration based on age, history, location, uniqueness, size, aesthetic significance and other factors. The Exceptional Tree Ordinance, enacted by the Hawaii Legislature way back in 1975, safeguards the trees from manmade damage or destruction on both public and private land. It was vigorously backed by groups such as the Mokihana Club of Kauai and The Outdoor Circle.

The program, run by The Outdoor Circle, also keeps our communities green, especially in the urban core where ever more high-rises threaten to consume our land and sky.

Click on this map to find the trees. And click on the colored dots (green for trees visible from the street, red for ones that are inaccessible) to learn details and see photos.

Banyans, Kapoks, Monkeypods And More

Exceptional trees are on all islands except Niihau and Kahoolawe. Oahu has the most and they are concentrated in places like Kapiolani Park and Ala Moana Beach Park. There are several in Waikiki, like the banyan oceanside at the Westin Moana Surfrider and the one in the International Market Place (the tree survived the mall’s renovation).

Among other well-known exceptional trees are the four Indian banyans at Thomas Square, a monkeypod in Moanalua Gardens (a draw for Japanese tourists because it is the logo for Hitachi) and the enormous Indian banyan in the Lahaina Courthouse Square on Maui.

Familiar trees that used to be on the registry but, for reasons unclear, are no longer exceptional are the 168-foot Norfolk pine fronting the Lodge at Koele in Lanai City and the banyans that shade Banyan Drive in Hilo. The banyans were planted by luminaries such as Franklin Roosevelt, Richard Nixon, Cecil B. DeMille, Babe Ruth and Amelia Earhart.

This monkeypod on Paki Avenue mauka of the Honolulu Zoo is exceptional as well.

But many areas on Oahu have no exceptional trees even though there are lots of trees: Kakaako, Kalihi, Waianae, Ewa Beach, and from Waimea Bay to Kaaawa on the North Shore. The same goes for huge swaths of Kauai, Maui, Molokai and the Big Island.

Myles Ritchie, the programs director for the nonprofit The Outdoor Circle, says that may be because many people are unaware of the exceptional tree program.

“At the end of the day, the Big Island should have many more exceptional trees,” he said. “But the whole program is based on the nominating process. The property owner has to sign off on it to become exceptional.”

The Big Island’s Arborist Advisory Committee was inactive for several years, said Ritchie, but is now in the process of reforming. That could lead to more exceptional trees.

As an incentive, owners of trees that qualify as exceptional can get a $3,000 tax credit every three years for maintenance and upkeep.

A Good Time For Trees

Ritchie said the interactive map and database for the exceptional trees — including GPS coordinates — are in the process of being updated. He is also looking to make sure the trees have explanatory plaques, as some may have fallen off or been vandalized.

Probably the oldest exceptional tree is an orange tree in South Kona that is believed to have been planted in 1792 during Captain George Vancouver’s visit. One of the tallest exceptional trees is a Mindanao gum at Wahiawa Botanical Garden — more than 200 feet tall.

It’s been a good couple of months for trees and the people who love them in Hawaii.

On Oct. 8 a new monkeypod tree was dedicated in Moiliili Triangle in Honolulu, replacing the ailing Chinese banyan that was removed in August.

A giant banyan near the Waikiki Aquarium, one of two exceptional trees in the area.

Cory Lum/Civil Beat

On Nov. 3, Honolulu Mayor Kirk Caldwell kicked off the Arbor Day Festival at Foster Botanical Garden, where he announced that the city is committed to Honolulu’s “urban forest” with a goal of planting 100,000 trees by 2025. The city has a new website where the public, private and government sectors can log and map the locations of tree plantings.

That same week state officials on Kauai marked that island’s 50th anniversary of an Arbor Day plant and tree sale and giveaway.

And the Department of Land and Natural Resources is now accepting nominations for the National Big Tree competition. It seeks to find the biggest tree species in the U.S. “to promote and preserve our tree species.”

Hawaii currently has 18 “national champion” trees, including its first — a 42-foot Ohia ai with sweet fruit on a private family lot in Lawai, Kauai. In all, 21 Hawaii species are eligible for Big Tree nominations, including koa, wiliwili and mamane.

My advice?

Get out of your car, go sit or lie under a tree, appreciate the roots below “talking” to other trees. And maybe pick up some of trash before you leave.

]]>Chad Blair: Time For Honolulu To Finally Decide On Natatorium’s Futurehttps://www.civilbeat.org/2018/11/chad-blair-time-for-honolulu-to-finally-decide-on-natatoriums-future/
Tue, 20 Nov 2018 10:01:59 +0000https://www.civilbeat.org/?p=1309042The latest idea for what to do with the Waikiki War Memorial Natatorium was announced Nov. 8, just three days before the 100th anniversary of the end of World War I was commemorated. That’s fitting, as it seems we’ve been arguing about what to do with the natatorium — which was built as a monument […]

]]>The latest idea for what to do with the Waikiki War Memorial Natatorium was announced Nov. 8, just three days before the 100th anniversary of the end of World War I was commemorated.

That’s fitting, as it seems we’ve been arguing about what to do with the natatorium — which was built as a monument to Hawaii’s men and women who served in The Great War — for nearly as long a time. The natatorium was opened in 1927 but has been closed since 1979.

Supporters of preserving the dilapidated, deteriorating natatorium hailed a new proposal to spend $25.6 million to essentially rebuild the structure, including the outdoor saltwater pool.

The natatorium and the Waikiki skyline. Sans Souci beach is in the foreground. If you look closely enough, you’ll spot the author doing laps.

Anthony Quintano/Civil Beat

Is the natatorium conundrum, which has bedeviled Hawaii governors and legislatures and Honolulu mayors and councils for decades, finally to be resolved? I have my doubts.

After scanning the 259 pages of the draft EIS and two websites dedicated to full restoration of the natatorium’s place in Oahu history, it’s obvious that the facility has been troubled from the very beginning. Its fate also involves multiple layers of government agencies (the natatorium is owned by the state but operated by the City and County of Honolulu), rules and regulations.

The list of acronyms alone takes up two full pages in the draft EIS, ranging from ACHP (Advisory Council on Historic Preservation) to HIHWNMS (Hawaiian Islands Humpback Whale National Marine Sanctuary).

The archway entrance to the natatorium pool.

Nick Grube/Civil Beat

Equally daunting is the list of permits and approvals identified for what is called the Waikiki War Memorial Complex (or WWMC): There are eight at the federal level, five at the state level and five at the county level.

To put it simply, the natatorium problem can’t be simply solved.

‘Constant Problems’

Less than two years after Duke Kahanamoku inaugurated the pool on his birthday as its first swimmer, the Honolulu Star-Bulletin ran a story titled “When Will Something be Done?” According to Historic Hawaii Foundation’s timeline, the article described the “deplorable conditions” of the natatorium and its grounds.

It turns out that the natatorium’s original design “was never fully implemented during construction due to budget cuts.” The drainage system had “constant problems” and made for “poor water circulation and poor water quality.”

For the next half century, the natatorium would be subject to a series of starts and stops: repair and refurbish plans made and shelved; transfers of management, maintenance and appropriations; closures due to poor water quality, reports on hazardous conditions, orders to demolish and cancelations of said orders.

But the natatorium would also be placed on the Hawaii Register of Historic Places in 1973 and placed on the National Register of Historic Places in 1980 — the same year it was padlocked.

By 1995, the National Trust for Historic Preservation named the Waikiki War Memorial Natatorium as one of the most 11 endangered historic sites in the nation. And in 2014 it was designated a National Treasure by the National Trust for Historic Preservation.

The natatorium under construction in 1927, viewed from what is now Sans Souci Beach Park.

The nonprofit Friends of the Natatorium describes it as a “living” war memorial and a place for people to be together and “enjoy the freedoms that the warriors purchased with their youth and with their lives.”

But the natatorium is also a crumbling dump, a public health and safety hazard and a monument to government inefficiency and legal wrangling. It is an eyesore for visitors and locals alike, situated in one of the most desirable recreational spots on all of Oahu.

In June of 2017, the natatorium’s sad visage made headlines when Kaimana, the Hawaiian monk seal that Rocky gave birth to, got trapped in the natatorium three times. Fortunately, it was rescued by NOAA’s Marine Mammal response team.

Dishonoring The Dead

The current plan would call for demolishing the pool’s Ewa and makai sea walls and reconstructing a new pool deck on new piles that would, via fiberglass reinforced plastic grates, allow for ocean waters to circulate in and out.

The “perimeter deck” plan, as it is called, would not have to meet the state’s standards for a public swimming pool, something that was central to court challenges brought by the Kaimana Beach Coalition in the late 1990s that ultimately led to halting the latest round of restoration plans.

Illustration of the proposed perimeter deck plan for the natatorium. Construction of a new paved walkway would extend the existing Kapiolani Regional Park shoreline promenade from the Waikiki Aquarium to Sans Souci Beach. The promenade currently ends near the boundary between the Waikiki Aquarium and the project site.

Mufi Hannemann came into the mayor’s office in January 2005 vowing to stop spending money on repair or restoration. A task force was later formed to review alternatives to the natatorium including the possibility of tearing it down and building a replica of the archway elsewhere. In 2012, Gov. Neil Abercrombie even proposed a plan to create a beach volleyball facility.

But the Friends of the Natatorium argue that it is the actual pool — and not the beaux art archway — that honors not only the war dead but the more than 10,000 men and women from the islands who served. By allowing the natatorium to decline, the city and state “shamefully broke faith with and dishonored those World War I soldiers and sailors.”

The Kodak Hula Show circa 1950. The performers are on the lawn near the natatorium.

Hawaiian Historical Society Photograph Collection.

The Kaimana Beach Coalition, however, worries that there are those who look at the natatorium and see a potential money-maker. They worry that government officials could form a public-private partnership that could lead to the holding of concerts and hula performances.

Here is what the Coalition says on its website:

“This precious place has been the target of commercial interests for decades, and only by grassroots action has the community been able to preserve the simple elegance of this wonderful gathering place and recreational area.”

Commercialization of the natatorium is not a farfetched notion. The Waikiki Aquarium right next door rents out its facilities for oceanfront events on Tuesdays and Saturdays for $2,000 a pop.

“The mayor’s very first presentation of the new pool design referred to public-private partnerships and the EIS mentions ‘floating docks’ for ‘concerts,'” said Jim Bickerton, attorney for the Coalition.

“And will the tour buses and taxis disgorging the 2,500 tourists diminish the parking and access for the thousands of local people in Manoa, Moilili, Kapahulu, University, Palolo and Kaimuki who don’t have the funds to join Outrigger Club or Elks but would still like to get to an evening swim or paddle after work?”

After reviewing the draft EIS, the Coalition is now concerned about the use of the grate system in the new pool design. They fear it could ensnare surfers or swimmers. Other worries include the potential of stirring up all the sediment that has built up at the bottom of the existing pool.

“It’s strange that an environmental impact statement makes no mention of the 90 years worth of stagnant anaerobic silt on the floor of the natatorium and where it will all go when they finally open it to ocean currents and start driving new pilings into it,” said Bickerton.

He added, “The project seems to have been designed by preservationists, not ocean scientists or pool safety specialists.”

The Friends’ Donna Ching did not return a call for comment. Kiersten Faulkner, the Foundation’s executive director, was out of the office.

‘Place Of Innocent Refreshment’

Some may ask why a swimming pool is the appropriate way to honor war dead. Some might also point out that the War To End All Wars was a bloody, pointless mess that directly led to an even more horrendous world war only 20 years later.

Still, since 1989, the Friends have sponsored a Memorial Day Weekend observance in the nearby park while Veterans Day services have been in the same area held by VFW Post 8616. It is an important rite in an important location.

And yet, we need a solution. The other alternatives in the draft EIS are to fully rehabilitate the closed-system pool, to develop a beach protected by groins, or to do nothing at all. All three are not preferred by the city because of costs, practicality and purpose.

My take?

I prefer the beach option, but then, Sans Souci Beach is my favored swimming hole. Its French name is translated as “without a care,” and that’s how I feel when I go to Sans Souci, which everyone I know calls Kaimana, which comes from Kaimana Hila, which is another name for Diamond Head.

The Roll of Honor plaque across from the natatorium on Nov. 15, just days after the centennial marking the end of World War I.

Chad Blair/Civil Beat

No matter the name, there is something special about this place, the presence of mana. As the draft EIS explains, the vicinity of the WWMC “has been the site for many cultural practices over time.”

The Foundation notes that King David Kalakaua designated crown land at the foot of Diamond Head — that is, Kapiolani Park, of which the natatorium is a part — to be “a place of innocent refreshment for all who wish to leave the dust of the town street.”

It is still that. But the natatorium in its current state is a blight. The city needs to finally take action. I urge the citizens of Honolulu to share their views on the draft EIS.

]]>Chad Blair: Wild Night On Mainland, But It’s Politics As Usual In Hawaiihttps://www.civilbeat.org/2018/11/chad-blair-wild-night-on-mainland-but-its-politics-as-usual-in-hawaii/
Wed, 07 Nov 2018 10:01:11 +0000https://www.civilbeat.org/?p=1307996It was quite the exciting night in national politics Tuesday for Republicans, wasn’t it? They celebrated retaining control of the U.S. Senate and even picked up a few seats. The GOP was also pleased that crusty Sen. Ted Cruz denied boy wonder Beto O’Rourke a historic win in Texas, Rep. Kevin Cramer knocked off Sen. Heidi Heitkamp in North […]

]]>It was quite the exciting night in national politics Tuesday for Republicans, wasn’t it? They celebrated retaining control of the U.S. Senate and even picked up a few seats.

The GOP was also pleased that crusty Sen. Ted Cruz denied boy wonder Beto O’Rourke a historic win in Texas, Rep. Kevin Cramer knocked off Sen. Heidi Heitkamp in North Dakota, Mike Braun took down Sen. Joe Donnelly in Indiana, Josh Hawley prevailed over Sen. Claire McCaskill in Missouri, Marsha Blackburn will be the first woman to represent Tennessee in the Senate, Mitt Romney will be the new senator from Utah, Ron DeSantis will be Florida’s next governor and Rick Scott will be the Sunshine State’s newest senator.

But Democrats also had a remarkable night, starting with flipping control of the House. Hello again, Speaker Nancy Pelosi?

Local Democratic politicians, including Honolulu Mayor Kirk Caldwell at the mic, celebrate their own Blue Wave on Tuesday night. But that was just ordinary Hawaii politics.

Stewart Yerton/Civil Beat

In other Dem victories, Laura Kelly defeated Kris Kobach in the Kansas governor’s race, Tony Evers unseated Wisconsin Gov. Scott Walker, Rep. Jacky Rosen upset Sen. Dean Heller in Nevada, openly gay ex-MMA fighter Sharice Davids of Kansas and Debra Haaland of New Mexico are the first ever Native American women elected to Congress, Michelle Lujan Grisham becomes New Mexico’s first Democratic Latina governor, Ayanna Pressley is the first black woman elected to the House from Massachusetts and Jahana Hayes in Connecticut’s 5th Congressional District is her state’s first black Democrat in Congress.

But wait — there’s more wins for the Democrats, all of them firsts.

Michigan’s Rashida Tlaib is the first Palestinian-American woman elected to Congress, Ilhan Omar of Minnesota’s 5th Congressional District will become the first Somali-American member of Congress (Tlaib and Omar also represent the first two Muslim-American women to serve in Congress), New York’s Alexandria Ocasio-Cortez is the youngest woman ever elected to Congress and Jared Polis of Colorado will be the first openly gay man elected governor in the U.S.

All told, it was a night of high drama, historic upsets, heartbreaking losses, many diverse firsts and lots of promises of change. One of the few races yet to be called before I finally fell asleep is the too-close-to-call governor’s race between Republican Brian Kemp and Democrat Stacy Abrams in Georgia. Same goes for Democratic Senate candidate Kyrsten Sinema and Republican Martha McSally’s matchup in Arizona. Abrams would be the first ever African-American female governor while either Sinema or McSally show Arizona electing a woman to the Senate.

And here at home? Yawn.

Nothing really changed and most races (with the exception of a couple of nail-biters — I’m talking to you, Trevor Ozawa and Tommy Waters) were over by the time the first printout was released about an hour after the polls closed. The “blue wave” on the mainland was not as huge as initially forecast, but Hawaii remains as cerulean as the sea that surrounds us.

Seen This Movie Before

U.S. Sen. Mazie Hirono, U.S. Rep. Tulsi Gabbard and former U.S. Rep. Ed Case are all returning to Washington — again — and probably for as long as they like. The margins of victory were so large that Cam Cavasso, who lost to Case, might finally hang up his paddle.

Gov. David Ige and running mate Josh Green, a state senator, cruised to a dominant win over House Minority Leader Andria Tupola and non-running mate Marissa Kerns. So certain was the outcome that the national media called the race within minutes of the polls closing at 6 p.m., even though zero percent of the vote had been counted.

Tupola, believed by many to have a promising future in politics, did not help her career by starring in an ill-advised video “comedy skit” this week that mocked Ige.

Barring any change that might come from the final counting of absentee ballots in the wee hours Wednesday, Democrats will continue to dominate the Legislature. The only surprise was that Republican Kurt Fevella appeared to be keeping Democrat Matt LoPresti from moving from the House to the Senate.

Val Okimoto, who won a House seat from Mililani, becomes part of a rare breed — Republicans in the Hawaii Legislature.

Val Okimoto

That would mean Dems would now have 24 seats in the 25-seat chamber. Assuming Val Okimoto bests Marilyn Lee in the Mililiani House race, the GOP will keep five members in the 51-member chamber.

The bench of the Democratic Party of Hawaii is so deep that many of its darlings were killed off in the Aug. 11 primary: state Sens. Will Espero, Donna Mercado Kim and Jill Tokuda; state Reps. Beth Fukumoto and Kaniela Ing; Lt. Gov. Doug Chin, Kauai Mayor Bernard Carvalho, Jr., Honolulu City Councilman Ernie Martin, former Board of Education member Kim Coco Iwamoto and U.S. Rep. Colleen Hanabusa.

I’m sure we will see many of the “losers” running again for office. For now, though, only Kim (whose own seat was not up this year) will remain in office.

The general election was so boring that the most controversial contest was on the constitutional amendment on property taxes for schools. But Hawaii’s high court struck it from the ballot.

In contrast, another constitutional question — whether to have a constitutional convention — received little attention outside the coverage of Civil Beat. Had it passed, a ConCon might well have brought tremendous change to the Aloha State. No wonder that it was opposed by labor unions, business, environmentalists and civil rights groups, which made unfounded claims that the state’s constitution would be torn asunder and that its cost would be astronomical.

Ige’s Mandate, OHA’s Shift

The only major changes from election night in Hawaii are yet to come. They start with Ige, who has a clear mandate to govern. Whether state House and Senate leaders will acknowledge that and work with the governor rather than against him is up to them. We will also see whether there are any Cabinet changes, although Ige has bragged that his administration is among the best.

Another significant change coming from general election results will be in the Office of Hawaiian Affairs. The election of Kalei Akaka to take the seat of outgoing trustee Peter Apo along with a new face — it appeared to be Brendon Lee — to replace Rowena Akana suggests that the agency dedicated to supporting Native Hawaiian beneficiaries will have new blood and new direction.

I take some comfort that Hawaii’s elected officials, though dominated by one party, reflect diversity. But even there we came up a little short. While a record number of women were elected to the U.S. House, for example, the Kauai County Council will be comprised almost entirely of men. Again. All four of the state’s mayors are male, too, as are the leaders of the state House and Senate.

At least Hawaii didn’t elect anyone facing indictment. That was the case with Republican Reps. Chris Collins of New York and Duncan Hunter of California. So, we’ve got that going for us.

]]>Democrats Keep Their Tight Lock On The Legislaturehttps://www.civilbeat.org/2018/11/democrats-keep-their-tight-lock-on-the-legislature/
Wed, 07 Nov 2018 05:55:11 +0000https://www.civilbeat.org/?p=1307578The final printout of voting results for seats in the Hawaii Senate and House of Representatives showed that Democrats will maintain their solid control over both chambers. But the minority party of Republicans picked up a seat in the Senate and kept their numbers steady in the House. Most of the attention Tuesday night was […]

]]>The final printout of voting results for seats in the Hawaii Senate and House of Representatives showed that Democrats will maintain their solid control over both chambers.

But the minority party of Republicans picked up a seat in the Senate and kept their numbers steady in the House.

Most of the attention Tuesday night was on open seats, where no incumbents were running.

In a shift from earlier results, Democrat Matt LoPresti lost to Republican Kurt Fevella 48 percent to 47.1 percent in a race for an open state Senate seat.

LoPresti currently serves in the House.

Democrats will continue with a solid majority in the Legislature.

Cory Lum/Civil Beat

District 19 represents Ewa Beach, Ocean Pointe, Ewa by Gentry, Iroquois Point and a portion of Ewa Villages. It was vacated by Will Espero, who unsuccessfully ran for Hawaii lieutenant governor.

Democrat Marilyn Lee, a former lawmaker who was unseated in 2012 by Republican Beth Fukumoto, was behind Republican Val Okimoto 51.3 percent to 42.4 percent in the District 36 seat covering Mililani Mauka and Mililani. Fukumoto later switched parties and left the seat to pursue unsuccessfully a congressional seat, which opened the seat this year.

In the 2018 Legislature, Democrats held all 25 Senate seats and 46 of the 51 House seats. Many of the races were settled in Aug. 11 the primary.

Based on the latest results Tuesday, Republicans are set to pick up one Senate seat with Fevella’s likely win. The party will probably keep five House seats; Republican Sai Timoteo, who wanted to succeed House Minority Leader Andria Tupola (who left her seat to run unsuccessfully for governor), was disqualified before the primary.

Here is how all other legislative races shaped up:

State Senate Races

District 1 (Hilo) — Democrat incumbent Kai Kahele led Libertarian Kimberly Arianoff 79.2 percent to 11.4 percent. The seat was formerly held by Kahele’s father, Gil Kahele, until the senator’s death in 2016.

District 3 (Kona, Kau) — Democrat Dru Kanuha was ahead of Libertarian Michael Last 71.8 percent to 18.7 percent. The race is to fill the seat vacated by Democratic state Sen. Josh Green, who is running for lieutenant governor.

District 7 (North Kona, North Kohala, South Kohala) — Democrat David Tarnas, a former legislator, was fending off Republican Tom Belekanich 71.6 percent to 21.5 percent. Tarnas ousted incumbent Cindy Evans in the primary.

District 10 (West Maui, Maalaea, North Kihei) — Rep. Angus McKelvey, a Democrat, was holding off two challengers. He had 56.3 percent of the vote compared to 20.4 percent for Republican Chayne Martin and 20.2 percent for Green Jen Mather.

District 20 (St. Louis Heights, Palolo, Maunalani Heights, Wilhelmina Rise, Kaimuki) — Calvin Say, a Democrat, former House speaker and one of the longest-serving lawmakers still in office, seemed assured of defeating Republican Julia Allen. Say led Allen, a perennial candidate in District 20, 66 percent to 24.6 percent.

District 41 (Ewa, Ewa Beach, Ewa Gentry, Ewa Villages, Hoakalei, Ocean Pointe) — Democrat Rida Cabanilla, a former lawmaker, was poised to return to the Legislature. She had 50.3 percent of the vote to 43.2 percent for Republican Chris Fidelibus. The seat was being vacated by Rep. LoPresti.

]]>Chad Blair: Here’s What Residents Of Other States Will Get A Chance To Vote Onhttps://www.civilbeat.org/2018/10/chad-blair-heres-what-residents-of-other-states-will-get-a-chance-to-vote-on/
Tue, 30 Oct 2018 10:01:42 +0000https://www.civilbeat.org/?p=1306657One of the strongest arguments for Hawaii holding its first constitutional convention in 40 years is to consider allowing statewide voter initiatives. We won’t know until next Tuesday how Hawaii voters will vote on a ConCon. But it is useful to understand that initiatives are a popular way to change laws and the ways governments […]

]]>One of the strongest arguments for Hawaii holding its first constitutional convention in 40 years is to consider allowing statewide voter initiatives.

We won’t know until next Tuesday how Hawaii voters will vote on a ConCon. But it is useful to understand that initiatives are a popular way to change laws and the ways governments operate in many states.

The National Conference of State Legislatures reported Monday that there are 160 statewide ballot measures in 2018. An NCSL database search reveals that 62 of them came from initiatives.

Many of the ballot initiatives — including ones on term limits, gambling, marijuana and schools — show citizens involved in governing either directly (that is, putting questions on the ballot via petition) or indirectly (submitting questions to legislatures to consider for placement on the ballot).

Here’s a rundown of 2018 ballot measures around the country that I believe have relevance in Hawaii:

Term Limits

Issue 3 in Arkansas calls for term limits for the state Legislature: six years for the House and eight years for the Senate. Officials could serve no more than a total of 10 years in either chamber.

The amendment would also prohibit the Arkansas Legislature from amending or repealing it and “only allows changes via the initiative process.”

Marijuana and Hemp

Proposal 1 in Michigan would permit people 21 and older to use pot recreationally and to grow up to 12 plants. A 10 percent tax would be levied on sales at retailers and businesses, and the revenue would go to local government, K-12 education and transportation infrastructure.

The measure would legalize the production of industrial hemp, too, with the caveat that municipalities would be allowed to ban marijuana within their boundaries.

Marijuana legalization often gets on ballots due to citizen initiatives.

Anthony Quintano/Civil Beat

The revenue generated, estimated to be from $10 million to $66 million annually, could go to veteran health care, early childhood education, drug treatment and public safety.

An initiative in Utah would also allow for medical marijuana. And in North Dakota, voters will decide whether to legalize pot for those 21 or older and automatically expunge existing criminal records for people “with a criminal conviction of a legalized drug.”

Gambling

Amendment 3 in Florida would provide voters with the exclusive right to authorize casino gambling via an initiative. By contrast, the Florida Legislature would not be allowed to authorize casino gambling through statute or by placing a constitutional amendment on the ballot.

Proposition 1 in Idaho would allow betting on “historical horse races” shown on video — that is, races involving live horses but rebroadcast electronically on a delayed or replayed basis.

Education

Amendment 73 in Colorado would create a graduated income tax, increase income taxes on incomes above $150,000 and raise the corporate income tax by 1.37 percent. The revenue would be used for per-pupil funding, special education, preschool, English language and gifted students, and also increase kindergarten funding to provide full-day school.

In South Dakota, Initiated Measure 25 would increase the excise tax on cigarettes from about $1.53 per a pack of 20 cigarettes to $2.53. The excise tax on wholesale tobacco products would grow from 35 percent to 55 percent of the purchase price. The revenue would go into a new fund to help lower tuition and provide financial support to South Dakota postsecondary technical institutes.

Environment

Initiative 1631 in Washington state would impose a carbon tax — $15 per metric ton of carbon in 2020, with the fee increasing $2 per metric ton each year until 2035 carbon reduction goals are met — on certain large emitters of greenhouse gases starting in 2020.

Proposition 112 in Colorado would require new oil and gas drilling to be at least 2,500 feet away from occupied buildings and vulnerable areas such as parks and water.

Prison Reform

Issue 1 in Ohio would make drug possession offenses misdemeanors, prohibit people from being sent to prison for non-criminal probation offenses, create a sentence credit program for inmates that goes toward rehabilitation and require the state to spend the savings on drug treatment, crime victim and rehabilitation programs.

Election Reform

Constitutional Amendment W in South Dakota would restrict lobbyist gifts to politicians, ban foreign money in the state’s elections, toughen ethics law enforcement, reduce special interest money in state elections and remove “the ability of the legislature to overturn a ballot measure passed by the public.”

Question 2 in Massachusetts would create a commission that, among other things, would “be tasked with recommending that personhood does not include corporations” and with helping overturn the U.S. Supreme Court campaign finance case Citizens United v. FEC.

Police Reform

Another initiative in Washington state would create “a good-faith test” to determine when the use of deadly force by police is justified. Police would also have to obtain “de-escalation and mental health training” as developed by a criminal justice training commission.

The measure, if approved, would also remove a requirement that a prosecutor prove that a police officer acted with malice to be convicted in court. And cops would also be required to provide first aid in such incidents.

“The measure also requires that an independent investigation be completed when police use deadly force or produce substantial bodily harm,” the initiative question states.

Voting

Question 5 in Nevada would enact a system that automatically registers citizens to vote when they apply for or renew a driver’s license or state ID, rather than the current opt-in system where citizens have to take action to register themselves.

Taking The Initiative

I am not taking a position on any of these initiatives, but most are obviously applicable to Hawaii.

I also recognize that the initiative process can get out of hand, as has been the case in California. The most famous example is Proposition 13, which was enacted in 1978 and capped property taxes at 1 percent and limited future increases.

The Golden State has no less than seven initiative-driven propositions on the 2018 ballot, including the controversial Proposition 6. It would repeal an increase in the fuel tax that was enacted by the state’s Assembly just last year and require a majority of voters to support any future fuel tax increase.

In its editorial calling for voter rejection of Prop 6, The Los Angeles Times editorial board wrote that the initiative would “eliminate $5 billion a year from the state budget, wiping out funds that could be used to fill potholes on local streets, smooth highways and stabilize bridges….Infrastructure isn’t cheap, and Californians will pay the price no matter what. ”

In spite of the potential pitfalls, initiative remains a popular tool for citizen empowerment. Nearly half of the states have initiative, either by statute or constitution. They include our nearest neighbors bordering the Pacific — Alaska, California, Oregon and Washington.

Citizen initiatives have been around for a long time. The NCSL says that the first state to adopt it was South Dakota in 1898.

It seems like the right to hold citizen initiatives, referendums and recalls will one day wash up on our shores, either through a constitutional convention or from legislation.

]]>Chad Blair: Is Rowena Akana’s Political Career On The Line?https://www.civilbeat.org/2018/10/chad-blair-is-rowena-akanas-political-career-on-the-line/
Tue, 23 Oct 2018 05:59:51 +0000https://www.civilbeat.org/?p=1305732Two weeks before the general election, Office of Hawaiian Affairs Trustee Rowena Akana is the focus of a contested case hearing regarding multiple violations of state law. But her 28-year political career and her reputation are arguably also on the line. Akana, who has served on the OHA Board of Trustees since 1990 — longer than […]

]]>Two weeks before the general election, Office of Hawaiian Affairs Trustee Rowena Akana is the focus of a contested case hearing regarding multiple violations of state law.

But her 28-year political career and her reputation are arguably also on the line.

Akana, who has served on the OHA Board of Trustees since 1990 — longer than any other trustee — is charged by Dan Gluck, executive director of the Hawaii State Ethics Commission, with accepting prohibited gifts, failure to report the acceptance of gifts and using her office for personal benefit. Her attorneys at Bickerton Dang reject the claims.

If the ethics commission concludes that Akana is at fault, she could be subject to tens of thousands of dollars in fines. But she would likely keep her job, as was the case with Trustee Peter Apo. He paid a $25,000 fine to the commission in 2017 for using his office to conduct personal business and settled a sexual harassment claim for $50,000.

But Apo decided not to seek another four-year term this year while Akana did. In the Aug. 11 primary, she finished third in a crowded field for three at-large seats.

In the Nov. 6 general election, Akana faces not only two other sitting trustees but three other competitors, some of whom have talked about the need to reform the way OHA operates.

OHA Trustee Rowena Akana at her hearing by the Hawaii State Ethics Commission Monday in downtown Honolulu. Her attorneys say there is no basis for allegations of ethical violations.

Chad Blair/Civil Beat

Given that OHA races historically attract few voters — 425,890 voters, or fully half of all voters in the August primary, left their OHA ballot blank — any negative publicity could influence the outcome of the at-large election. In addition to Civil Beat, reporters for Hawaii News Now and the Honolulu Star-Advertiser were on hand for Akana’s case, which began Monday in downtown Honolulu.

Akana, who is in her mid-70s, knows she is in trouble. She tried unsuccessfully to postpone her ethics case until after the election. She has also spent $15,000 on campaign commercials on KHNL and KGMB this month.

Why is this important?

OHA is a trust valued at $600 million that includes a $379 million investment portfolio. It has an operating budget of about $50 million.

The agency relies on a combination of public trust land revenue, state appropriations, interest and investment earnings, commercial property leases and withdrawals from a trust fund to operate. Its mission is to improve the well-being of Native Hawaiians. And only about $3 million comes from state general funds.

But OHA and its trustees have fought among each other for years. A state audit earlier this year found that the agency had spent millions of dollars “loosely and without proper oversight” to such an extent that it may be failing its trust obligation.

The outcome of the election and case could decide the direction of OHA for years to come. Just two years ago, the results of the OHA races helped make Akana board chair and nearly led to the ouster of CEO Kamana’opono Crabbe. No wonder that current chair Colette Machado, sitting next to former trustee Haunani Apoliona, stayed for all seven hours of the opening day of the ethics commission case.

The Case

It was not an easy day.

It involved a mind-numbingly long admission of evidence — at least 57 documents, by my count, much of it consisting of quarterly financial reports from Akana to OHA — and examination and cross examination of one former OHA employee and one current employee.

“It’s like watching paint peel,” one attendee observed to others.

All the while Akana sat quietly at a table with her lawyers, Steve Tannenbaum and Jim Bickerton, sometimes taking notes, sometimes twirling a pen, sometimes whispering with her counsel.

In Gluck’s view, Akana broke the rules to benefit herself and others with trust funds. He said that a lengthy paper trail and the testimony of witnesses will back him up. And he appeared prepared and methodical in his delivery. (Read the full charges filed here and here.)

Besides that, Akana was and is a very difficult person to work for and with at OHA, according to past and present colleagues. The two witnesses — OHA controller Gloria Li and former controller and CFO Hawley Iona — described their interactions with the trustee as contentious and Akana herself as intimidating, threatening and even hostile. Iona quit as soon as Akana became chair in late 2016.

The Hawaii State Ethics Commission will rule on the allegations against Akana.

Chad Blair/Civil Beat

Tannenbaum, however, worked to cast doubt on Gluck’s exhibits, picked apart testimony and suggested that the ethics commission’s overall case just doesn’t hold up. (Read the full answers filed here and here.)

“She can be something of a bulldog,” Tannenbaum admitted, but that’s only because she speaks out strongly and stands up for the rights of Hawaiians.

“She has used that tenacity from the start to today to follow OHA’s mandate,” he said.

The Allowance

At the core of the ethics case is what OHA trustees do with their annual $22,200 allowance. As Civil Beat reported last week, recent allowances ranged from supporting athletic competitions to paying for charitable galas and sponsoring beauty pageants.

Gluck is focused on what one Akana supporter described to me as “manini,” or minor, things that Akana submitted receipts for: cable television bills, food from places like Leonard’s Bakery, a gift card from Apple iTunes.

Others appeared more weighty such as political donations, membership in Hawaiian Airlines Premier Club and a home security system (this last charge has since been dismissed). Akana is also charged with failing to report taking $72,000 in legal fees from Hawaiian heiress Abigail Kawananakoa, who herself has sued OHA.

Much of Monday’s deliberations centered on Akana submitting receipts for cable and internet access from Oceanic Time Warner and its successor Spectrum. Trustees are allowed to spend money on communications. Paying for internet service, Gluck noted, is a covered expenditure but cable is not.

What about meals? If Akana picked up food for a meeting from, say, Royal Kitchen for $66 or from Zippy’s Restaurant for $61, as she apparently did, is that allowed? OHA controllers allowed the meal expenses and did not ask Akana to reimburse out of her own pocket. As one controller pointed out, food is central to local culture.

OHA Board Chair Colette Machado and former Trustee Haunani Apoliona, both at center, watched Monday’s hearing. Both have long clashed with Akana.

Problem is, OHA’s policy on meals is kind of fuzzy. Same goes for helping Native Hawaiian beneficiaries, another permitted allowance use. Akana was flagged for giving a small donation to the Hawaiian Humane Society. But what, Tannenbaum posited, if society money went to help low-income and elder Hawaiians with pets?

At one point, Commissioner Wesley Fong, an attorney and adjunct professor teaching law and ethics at the University of Hawaii Manoa, asked Iona, the former OHA controller and CFO, “What kind of animal is OHA?”

By then the hearing was in its sixth hour, and many in the room let off some needed laughter. But Fong’s point, as confirmed by Iona, is that OHA is a quasi-governmental agency and thus subject to the same ethics laws governing all state agencies. Gifts and donations can be considered to garner political influence.

Monday’s proceedings ended with the introduction of a third witness, another former OHA controller named John Kim. His testimony resumes Wednesday morning, and there are at least two more witnesses scheduled. The ethics commission has said it could meet Thursday and Friday and even into next week, if necessary.

Will Rowena Akana survive?

She is smart, tenacious and crafty and has lots of friends. So are the people who want to take her down. Neither will give up without a fight, either in the hearing or in the voting booth.

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]]>Chad Blair: The Senate Confirms Judges, So Why Is The House Butting In?https://www.civilbeat.org/2018/10/chad-blair-the-senate-confirms-judges-so-why-is-the-house-butting-in/
Fri, 19 Oct 2018 10:01:38 +0000https://www.civilbeat.org/?p=1305138A press release this week from the Hawaii House of Representatives struck me as kind of odd. It reported that House Speaker Scott Saiki and other House leaders interviewed Circuit Court Judge Keith Hiraoka, who is Gov. David Ige’s nominee for the state Intermediate Court of Appeals. The reason that seems odd is that it […]

]]>A press release this week from the Hawaii House of Representatives struck me as kind of odd.

It reported that House Speaker Scott Saiki and other House leaders interviewed Circuit Court Judge Keith Hiraoka, who is Gov. David Ige’s nominee for the state Intermediate Court of Appeals.

The reason that seems odd is that it is the Hawaii Senate, and not the House, that considers and confirms judicial nominations. The press release acknowledged as much, calling the interview “unprecedented.”

Saiki said in a statement, “Although the Senate confirms judges, the House shares an interest in ensuring that judicial nominations are fully vetted.”

House Speaker Scott Saiki and Majority Leader Della Au Belatti were two of the House leaders who met with Judge Keith Hiraoka.

Cory Lum/Civil Beat

House Majority Leader Della Au Belatti added, “We know how important it is to select the right person to the Intermediate Court of Appeals because appellate judges play such a critical role in interpreting the laws crafted by the Legislature in accordance with principles outlined in the Hawaii State Constitution.”

One legislative insider told me the House interview was “highly unusual.” One of my colleagues said, “It’s fishy. Especially two weeks before the election.”

Judge Keith Hiraoka

Could legislative leaders like Saiki and Belatti, who backed Congresswoman Colleen Hanabusa’s unsuccessful bid to unseat Ige during the Democratic primary in August, be seeking payback?

Hiraoka, after all, was a high school friend of Ige’s and also his 2014 campaign manager. Just last year the governor put Hiraoka on the Circuit Court, albeit with full Senate approval.

Could the House be trying to influence the decision by the Senate, which will hear and vote on Hiraoka’s appeals court nomination in special session Wednesday?

On the same day, the Senate Judiciary Committee will consider Supreme Court Chief Justice Mark Recktenwald’s appointment of Summer Kupau-Odo to the District Court of the First Circuit.

And beyond that, are we in for four more contentious years between the governor and the Legislature — even though practically everyone in the building is a Democrat?

Saiki: Hiraoka Is ‘Highly Qualified’

In a phone interview Thursday, Saiki called reports of the meeting being highly unusual “not accurate” and assured me that there is nothing politically untoward going on. In fact, he called Hiraoka “highly qualified” for the appellate court.

The speaker said that, while the meeting with Hiraoka was the first of its kind, previous judicial nominees have paid one-on-one courtesy calls with House lawmakers.

Wednesday’s meeting was described by the House press release this way: “House leaders and Judge Hiraoka engaged in an informative and wide-ranging discussion about judicial experience and temperament, judicial philosophy, and separation of powers between the three branches of government.”

Sen. Karl Rhoads described the House meeting with Judge Hiraoka as “a little unusual,” but said he understood the chamber’s interest.

Cory Lum/Civil Beat

The House did not inform the Senate of the meeting, although it released the press release immediately afterward. Saiki said there are no plans “at this point” for the House to submit testimony on Hiraoka’s nomination, but in the press release Saiki is quoted as saying representatives “may offer our input to the Senate before they debate his confirmation.”

Senate Judiciary Vice Chair Karl Rhoads said he had heard rumors that a House interview might happen. Asked if he had any concerns, he told me, “For the confirmation part, the House does not get to vote, and nobody from the House has lobbied me for or against.”

“The House has a strong interest in nominations and who is being appointed to these kinds of posts.” — Speaker Scott Saiki

Rhoads, who formerly chaired the House Judiciary and Labor Committee, added, “It’s a little unusual in this context for the House to be involved so close to the confirmation. But it certainly is not unusual for the House to pay attention to what is going on in Senate Judiciary.”

Rhoads also pointed out that the House, like the Senate, must sign off on the Judiciary budget.

Ige: Hiraoka A ‘Man Of Integrity’

What does the governor think about the House meeting?

“Judge Hiraoka is a man of integrity, and I’m pleased that he is meeting with legislators and others to gain an understanding of the issues that are important to them, answer their questions and express his views,” Ige said through a spokeswoman.

Rhoads said Hiraoka’s nomination is not in trouble and that there will be no delay in the vote set for Wednesday.

But the House’s intervention shows that that chamber is, as Saiki explained to me, “open to doing things differently. That’s because the House has a strong interest in nominations and who is being appointed to these kinds of posts. We have to work with these nominees just as much as the Senate.”

Will the House be looking to do more such interviews in the future?

“It’s possible,” he said.

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]]>Civil Beat Poll: Voters Like The Idea Of A ConCon, They’re Just Not Going To Vote For Ithttps://www.civilbeat.org/2018/10/civil-beat-poll-voters-like-the-idea-of-a-concon-theyre-just-not-going-to-vote-for-it/
Wed, 17 Oct 2018 10:01:34 +0000https://www.civilbeat.org/?p=1304623Nearly half of Hawaii voters plan to vote “no” on a ballot measure calling for the state to convene a constitutional convention, the first in 40 years. But when they’re provided with a description of a ConCon that provides more information than just the ballot title, more voters support it than oppose it by a […]

]]>Nearly half of Hawaii voters plan to vote “no” on a ballot measure calling for the state to convene a constitutional convention, the first in 40 years.

But when they’re provided with a description of a ConCon that provides more information than just the ballot title, more voters support it than oppose it by a fairly wide margin.

It’s a split decision of sorts, but one that doesn’t bode well for the measure at the ballot box.

Just 26 percent of likely voters surveyed statewide in a new Civil Beat Poll said they will vote “yes” on the ConCon while 46 percent will vote “no” and 20 percent are undecided. Another 8 percent said they didn’t plan to vote on the issue, and those so-called “blank” votes are the same as “no” votes.

But when voters are given information about what a ConCon might actually entail, 47 percent of voters support it while 32 percent oppose it.

“When you give voters neutral details about the ConCon, such as its history and how it works, they are much more likely to support it then if you just present them with the ballot question wording and ask them directly how they are going to vote,” said Seth Rosenthal, opinion research consultant for the Merriman River Group, which conducted the poll.

The ConCon question was polled in two ways: as an issue question to learn how voters feel generally about a constitutional convention, and as a voting question asking whether they would vote “yes” or “no.”

The issue question provided information about a ConCon, including that the chance for the ballot question may come up only once a decade and that any constitutional amendments produced from a ConCon would still need final voter approval.

For the issue question, 473 likely voters were surveyed. The question had a 4.5 percent margin of error. For the voting question, 488 people were surveyed. The margin of error was 4.4 percent on that one.

Both questions show that about one-fifth of voters either are unsure how they feel about a ConCon, or need more information.

Civil Beat has now polled the ConCon issue three times over the past year. Support has dropped from 67 percent in November 2017 to 47 percent today. Opposition has grown from 14 percent to 32 percent over the same period.

Related

The ConCon question is one of two statewide ballot measures on the general election ballot. The second is a proposed constitutional amendment that asks if the state should have the authority to levy a tax on certain real property to support education. It is also opposed by Hawaii voters, the Civil Beat poll shows.

On the ConCon question, Civil Beat followed up with some poll respondents.

“I don’t have any specific reasons for opposing it,” Shirley Dusendschon of Aiea said of the ConCon. “I just don’t think its correct to have it at this time.”

Dusendschon, a flight attendant, said changing the Hawaii constitution is “a very serious and complicated process. I don’t think we should be spending our tax dollars and our time on it right now, because there are other things the state should be looking at.”

Travis Evans of Pupukea also doesn’t want money spent on a ConCon.

“Every time you get into politics they screw everything up,” he said. “How much is this going to cost? $70 million? Just let them take that money and shred it on the freeway along with the billions they are already spending on rail.”

The exact wording of the ConCon ballot question.

Cory Lum/Civil Beat

The precise cost of a ConCon is not known.

A political action committee supported by Hawaii labor unions and opposed to a ConCon are running television commercials citing the figure of $55 million. Honolulu mediator Peter Adler estimates a ConCon would cost perhaps $20 million, based on previous ConCon costs and estimates.

But spending more taxpayer money is not something Evans, a retiree, wants to see happen.

“If they say they are going to spend it right, you hide your wallet,” he said. “I’ve lived in Hawaii over 50 years and it hasn’t changed a bit. They will go ahead and spend your money.”

Thoughts on this or any other story? Write a Letter to the Editor. Send to news@civilbeat.org and put Letter in the subject line. 200 words max. You need to use your name and city and include a contact phone for verification purposes.

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